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Preview Copy Of Article On Google Argument Re Ongoing Royalties To Vringo

|Includes: GOOG, XpresSpa Group (XSPA)

I have written previously (here and here) about the patent infringement suit brought by Vringo (VRNG) against Google (NASDAQ:GOOG), which appears to be highly material to Vringo's valuation. After the jury found Vringo's patents valid and infringed, and awarded Vringo $31M in damages, both sides proceeded to file several post-trial motions. Those motions are not yet fully briefed, and so I haven't drawn any conclusions on their respective merits.

However, Google has asked the judge to postpone ruling on one of the motions filed by Vringo requesting the implementation of an ongoing royalty Google must pay Vringo for continued infringement of the patents. Not only do I find such a request abnormal, as judges frequently prefer to address all post-trial motions at once, rather than in series, Google made a specific argument in its December 21 request for postponement that caught me completely off guard.

I discuss that argument in an article I submitted this morning to the Seeking Alpha editors for publication. A preview copy of the article is available from here. Note that Seeking Alpha publishing policies prevent me from making preview copies of the article available for free. If you do not wish to pay for a preview copy of the article, I respect and understand that. If you wait a day or two for the Seeking Alpha editors to review and approve my article, they will publish it then for free.

Disclosure: I am long VRNG.

Additional disclosure: I wrote this article myself, and it expresses my own opinions. I was previously short VRNG, as disclosed in my Nov 1, Nov 7, Dec 5, Dec 12 and Dec 13 articles. My articles of Oct 11, Oct 17, Oct 22 and Oct 26 correctly disclosed I had no position in VRNG. In light of the issues addressed in this article and the fact that VRNG recently fell below $3, I closed my short position and initiated a long position. VRNG is, in my opinion, highly volatile, as is the litigation process in which it is involved. Therefore, I may change my position in VRNG at any moment for any reason. I have never directly held shares in GOOG, although I am sure I have and do effectively own such shares through mutual funds and ETF's. Neither I nor any entity that I direct (i.e. I am a member of the Board of Directors) has any business relationship with VRNG, GOOG or any other party involved in this matter. I am Legal Director of the Software Freedom Law Center, a non profit that has in the past received support from GOOG, but I have been on an unpaid leave of absence from SFLC since August 2011. A client I have represented in litigation in the past, the Software Freedom Conservancy, may have received or be receiving support from GOOG, but no such support has ever been used to compensate me for my services to the client, as I provide all my services to that client either pro bono or on contingency. I have in the past been invited by GOOG to give two public speeches on issues relating to patent law. Those two speeches are available through YouTube by searching my name. I was not compensated by GOOG or any other party for those speeches, nor were any of my travel expenses even reimbursed. I have a couple friends who work at GOOG. Some of them are patent attorneys, but I've never talked to them or any of my other friends at GOOG about VRNG. I use GOOG products, such as Gmail, Google Search, Android and Chrome.